96-117Council File # 1 � � «�
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Presented By
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Referred To
Green Sheet # 31176
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
0
Committee: Date
1 RESOLVED, That upon execution and delivery of a release in full to the City, in a
2 form to be approved by the City Attomey, the proper City officers are hereby authorized
3 and directed to pay out of the Judgment and Compromise Fund, 09070-512, to Bill Hawj
G and Benjamin F. Gallagher, the sum of $18,000.00 in fiill settlement of his claim and his
5 parents' (Don Hawj and Shoua Hawj) claun, of assault and battery and constitutional
6 violations for damages sustained on or about November 28, 1992.
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APPROVED:
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Judge of Ramsey County District Court
Requested by Department of:
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� �_'J� AIlil � � .� ���
Adoption Certi£ied by Council Secretary
By:
Approved b� Sayor: J Date T/ %� //v
By: ��(�l/� ,.�/
Form A roved by City Attorney
By:
Approved by Mayor for Submission to Council
$ �/'�t� �' ���4
Adopted by Council: Date �� . `� _ ��{q(
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�'ity
TOTAL # OF SIGNATURE PAGES
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1/22/96 GREEN SHEET N_ 3.1 176
INITIAVDATE INITIAUDATE
� DEPARTMEM DIRECfOR � CRYCAUNCIL
N Y FOR � CITY ATTOFNEY � CITV CLEflK
ROUTING a BUDGET DIRECIOR � FlN. 8 MGT. SERVICES DIR.
ORD� � MAVOR (OR ASSISTANT) �
(CLIP ALL LOCATIONS FOR SIGNATURE)
Approval o£ resolution set�ling claim o£ Bill Hawj against the City
of Saint Paul for $18,000.
_ PLANNING CAMMISSION _ CIVIL SERVICE
__ CIB COMMRTEE _
__ STAFF _
_ DISTRICTCOURT _
SUPPOflTS WHICN COUNCIL O&IECTIVET
PEHSONAI SERVICE CON7HACTS MUS7 ANSWER THE FOLLOWING �UESTIONS:
1. Has this perso�rm ever worketl wWer a coniract br this depaRment?
YES NO
2. Has this person/firm ever been a aty employee?
YES NO
3. Does this personRirm possess a skill not normally possessed by any curreM city employee?
YES NO
Explain all yes enswera on seperate shee[ end atteoh to green sheet
wny):
On November 28, 1992, in the evening hours, plaintiff Bill Hawj, a
16 year old male, was attending the Hmong New Year Festival at the
St. Paul Civic Center. St. Paul police o£ficer Norman Berry was
working security that evening. At one point in Che evening a fight
took place on the main floor of the Civic Center. Norman Berry and
other officers responded. In the area of the fight the plaintiff
t7b3' Berry's asp (a metal baton) . Plaintiff was arrested and
handcuffed at the scene and later charged with disorderly conduct
and assault. Plaintiff received four staple stitched to his head
for his injury.
On January 10, 1994, plaintiff and his parents instituted an action
in Ramsey County District Court, alleging Norman Berry assaulted
and battered Bill Hawj, illegally detained and arrested him and
42 U.S.C. §1983. Plaintiffs also alleged the City of St. Paul had
a duty to train, supervise and control Norman Berry as a St. Paul
police officer and the City failed in that duty. Plaintiff claims
physical injuries to his head and back as well as psychological
injuries.
There exist a video tape that arguably counterdicts Norman Berry's
version of the incident. After the Ramsey Countv Attorney's OPPice
��".b .t �S'M.�;y�� k'.a�.'1��
b n�s w,. �,8�*
�rs�� t� .. l ... A
TOTALAMOUNTOFTRANSACTION S18�000.00
FUNDIHGSOURCE SllCIglRflrit and Compromise
FINANCIAL INfORMATION: (E%PLAIN)
COST/REVENUE BUDGETEO (CIRCLE ONE) YES NO
ACTIVITY NUMBER 09070-512
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Plaintiff is alleging certain facts which, i£ believed by a jury,
would result in a finding of violations of his constitutional
rights as well as £inding of the tort actions. In addition to
compensating him £or physical and mental pain and suffering, a jury
- - deter�t3nat-'1or�-�a�-�he-�3�_ v3e�Y3t�--�ri-��o1�st;+
would require us to pay all of his attorney fees plus possible
punitive damages. This of£ice recommends settlement of this matter
in the amount of $18,000.00.